The Sun. — London, England, 1864-01-12 00:00:00

THE SUN. LONDON, TUESDAY EVENTNG, JANUARY 12, 1864. THE TOWNLEY CASE. The following is a copy of the letter addressed by Sir George Grey to Mr. Evans, M.P., in reply to the memorial of the magistrates of the county of Derby in the case of George Victor Townley : To T. W. EVINS, ESQ., M.P., ALLESTREE-HALL, DERBY. , and confidence in the arrangements, and Dr. Fea therstone, the peace man par excellence of that day, (From the Times Correspondent.) .- _ the superintendent of the province of Wellington, MELBOMINE, Nov. 20, 1863. one of the most able and honest men in the colony, The Maories have effected their retreat from by whose influence with the Nga-li-awa the peace o Mere-Mere apparently without the loss of a man. of the South was maintained during the Taranaki They escaped by " the back door," as they had done war, also expressed his confidence in the new Mini on other occasions, and all the General's precau - Btu. These sentiments are generally echoed by tions to prevent this have proved abortive, no doubt the press. The policy of the Ministry was enunciated by Mr. to his great mortification ; bur, as it appears to me, Fox on the 3d inst. When he took office in 1861, owing to a circumstance—the peculiar condition of though opposed to the war, and believing it originated the river, which no one could have anticipated or in an unjust dealing with the land sold by Taira, provided against. For some time past the General, but to which Kingi had substantial claims, he stated while concentrating all his disposable forces before that if p eacea ble methods proved unsuccessful, if the great stronghold of the natives at M ere-Mere, was understood to be waiting for the complet i o n of the natives, rejecting the overtures which should be the repairs to the new iron steam g unboat lately made to them, were determined to continue their armed resistance, he should be found as firm to built at Sydney, and since called the Pioneer . Towards:the end of October, after a short d ela y by strike as he was then disposed to conciliate. Now rough weather, she steamed out of Manukau , and he seems to be convinced that to strike is the only course left to the Government. The suppression of entered the Waikato Heeds, ascending the river, this rebellion is now announced to be the primary and taking her position in front. This was effected nut without some fire from the natives , and the few object to which everything else must yield and guns in their possession were worked in such a way minister. As a natural consequence of rebellion comes punishment, in the shape of confiscation of as to generate the suspicion that they were directed land in Waikato and at Taranaki. Indeed, this was or that the Maories had been instructed by Euro in a measure the foregone conclusion, for Mr. Ball, peens. Knowing the aptitude of the Maories as I do, I do not think the mere fact of their skill with a member of the late Ministry, when here with Col. Pitt to raise the volunteer corps for service in New g reat guns warrants the suspicion that they are aided by Pakehas, They have had plenty of oppor - Z ealand, plainly told those who enlisted that the tunity, any time these 20 years ,of observing the lands wherewith to reward them were to be ac firing of battery guns in Auckland ; and , having quired by conquest from the Waikatos. Military settlements are to be established in the conquered obtained a few guns, they would soon learn to re and confiscated lands throughout the Waikato dis dues their observation of birthday saluting to ball triets, and from New Plymouth to Wanganui. For practice. It is said in one of the accounts that they also fired a rocket with precision , and the only sur- this purpose the Ministry proposes a new levy of 5,000 men in Australia, and, " if possible," no less prise I feel is as to where they obtained the round than 15,000 in Great Britain and Ireland. This shot and where the rocket. However, neither I will, of course, be a work of time. The sale of land round shot nor rocket made any impression on the' is to afford the means of paying whatever loans may ironclad Pioneer. Now, as to the operations. i be contracted, in order to carry out this scheme. About 18 or 20 miles higher up the Waikato than ! Roads are to be steadily pushed forward through Mere-Mere is another native position called Rangie the Waikato country. The outbreak is to be treated riri (literally, angry heavens or angry sky). As our as a " rebellion," and anything in the nature of troops and gunboats had the entire command of the belligerent rights is denied to the natives. Indeed, river, and also of the lower part of the small stream already a bill has been introduced to establish mar- Marama-run, which flows into the Waikato below tial law in Waikato, 3lr.Fox, a barrister, being seem- Mere-Mere, it was anticipated that the natives would rely on this way of retreat, as a native path, ingly well aware that the proclamation of martial and perhaps more than one, leads from Mere-Mere, law, as in 1861, is absolutely illegal. This measure is to Rangiriri the more es eciall as the swam based upon an Irish statute. When peace is restored , py py by force of arms it is to be secured by making the ground in the rear (east) of Mere Mere was believed n to be impracticable evtn to Maories. Accordingly,atives give up their arms. In short, the Waikatos have made conquests a stern necessity to the Go on Saturday, the 31st of October, the Pioneer, with vernment. The issue raised by them is, "Which 600 troops on board, was ordered up the river about shall be master 9'' nine miles higher than More Mere, where the troops fhere is one question which is often put, and were to land, and prevent the possibility of retreat which is not easy to answer—Will this war be con in that direction. The natives must have perceived fined to Waikato and Taranaki ? I have very little and appreciated the effect of this movement, for on doubt that if the Waikatos, acting more promptly Sunday morning, before daylight, they made a fierce than they have done when our force in New Zealand attack on the troops before they were well in posi was scanty, had achieved a marked success against tion. Firing continued to be exchanged for about the troops a great number of the "friendly natives" two hours, but with very little result, except that would have joined in the war. The prestige in favour the Maories were driven off, and retired upon Mere of the savage against the soldier would have been Mere, while the troops retained their position, and thus all hope of a successful retreat upon Rangiriri contagious, and hostility to the Pakeha might have developed itself throughout the northern island. was taken from the natives. The troops thus landed But latterly, even in bush fighting:, the success of from the Pioneer were to face the north and advance the flying column and of parties of troops in several towards Mere Mere on the Sunday, so as to be ready encounters with larger parties of natives has turned to join in the assault on the Manday morning. The the prestige the other way. Some of the natives in plan of attack was admirable. How was it defeated? the south entertained for a while considerable alarm How was it that, after so much preparation, a door for escape was left open to the aeries the Pakehas should attack them. A few months ,of which they lest M ago the Nga-li-awa of the Wasrarape Valley, near so effectually availed themselves as to get clear off Wellington, had a meeting to consider what course without, so far as have yet learnt, the loss of a they should adopt. This meeting originated in the man ? The swampy ground north, north-east, and alarm I have mentioned. They observed that the east of Mere Mere was considered impracticable, settlers were enrolling as militia or volunteers, and and so, perhaps, it was under ordinary circum they could not avoid a suspicion that the first blow stances ; but the extraordinary event which seems might be struck by the Europeans. Very wisely, to have baffled calculation was the swollen state of one or two of the leading settlers—Mr. Revans and the rivers and swamps, which made the latter prat- Mr. Smith, in whom the natives have confidence— ticable for canoes. I am loth even to suggest that attended the meeting, and explained that the arming this was a blot in the General's tactics, which the and drilling was not for attack of any kind, but fur natives hit, and I have no doubt that when his defence in case of any hostile invasion by hostile further despatches are published we shall learn why natives from other parts. Moue!. assurances of that contingency—namely, the fl ioding of swampy support to preserve peace ensued, and I am assured ground—was not anticipated and provided against. that in that district alaori and Pakeha no longer One account states that the natives "escaped across look suspiciously on each other. The same the swamps in 18 canoes, that they were seen and line of policy was also pursued by Dr. Feather watched, but that the distance was too great to fol stone, the superintendent, at some meetings at low." I fancy, however, that it was the nature of Olaki, with the same happy result. The INga-poi the country and the want of shallow boats capable , north of Auckland, who are numerous and intel of taking the swamp which proved the source of ligent, have oa several occasions expressed their safety to the natives and disappointment to the satisfaction with the Government. They are the troops. The Naval Brigade took possession of Mere old enemies of the Waikato, and many of their chiefs Mere with the three pieces of cannon, but not a like Sir G. Grey personally. Whether they might Maori was there. The place is of great importance, not have been drawn into hostility if the Waikatos and it is difficult to conceive how the natives can had been successful is scarcely worth while to speeu hold any pert of the country between Mere-Mere late about, but certainly their " friendly " character and Rangiriri. Indeed, it is said they have sepa ie confirmed by the repeated successes of the troops rated and gone eastward. Other accounts say they in bush encounters. Thus the war is principally have "dispersed all over the county." The truth confined to the Waikato country, for even at Tara simply is they are gone, and no one can as yet guess naki it is comparatively insigntficent, having only where they will be next be discovered. The probe a certain degree of importance from its acting as a bility is that we shall have a total change in the cha diversion in favour of the Waikato, by keeping a racter of the war. Repeated and rapid attacks by body of troops employed there. The Thames natives, small parties of natives is the course in which they too, are by no means unanimous in favour of Thomp have best succeeded. Taey must knew by this time eon's party. Many natives there call themselves that they never can hold a pah against our imple " friendly," and, although some of the newspapers ments of warfare. It has always appeared to me look up in their friendliness with a very natural sus that the natives over-estimated the value. of the guns which they possessed, and that was the cause of picion, they may be deemed waiters on Providence , their delusion as to the possibility of holding who will not imperil their lands, if they think, as Mere-Mere. The Pioneer undeceived them. The ; they are likely to do, that the troops mustprevail sooner or later. Though the Maories who occupied : . General's tactics must now be in some deeree modified by those of the enemy. His "Flying arere-Mere have escaped without loss, the whole length and breadth of Maoridom will understand Column" and "Forest Ringers" will most this as a sore defeat. Gen. Cameron has the perfeet likely be augmented, and when we consider command of the river, at least, as far as Rangiriri, the native difficulty about their commissariat, and and the possession of Mere-Mere makes the whole the acquisition of skill in bush warfare by our troops, country, as far as Rangiriri untenable to the Maories. it scares impossible for the natives to sustain the This latter place is so placed as to be liable to be war for any length of time. They must suffer from knocked about their ears from the river, so that in the diseases incidental to scarcity and bad food to a ' all probability it will be abandoned on the very far greater extent than from our weapons, and first demonstration of the troops before it. How therefore it is to be lamented that Mere• Mere wasEY, BART M P To THE RIGH H Sue GEORGE G long the natives will be able to hold out and HER MAJESTY'S T PRINCIPALON SECRETARY R OF STATE" . " not captured after some resistance with such marked continue to harass the troops without any deci- THE HOME DEPARTMENT, &C. nit superiority on our side as to reduce them to sub- continue engagement it would bo rash to say, "They I Sir,—We the undersigned justices of the peace for the mission. have achieved their eighteenth murder," says a county and borough of Derby, and medical men of Derby, If the troops and volunteers had taken the pah private letter, " and must be hunted like wild who signed and forwarded to you two certificates as to the by assault, the officers in command would have had beasts." You will see from the very terms of i D n e s c an em itt e o r f GlaesotrgehNa'vicitno; Townley, dated the 27th and 29th great difficulty in compelling the men to give mach g had oar ' attention called the Ministerial policy that continued war is quarter. The appalling list of murders in a single memorial, signed by certain "magistrates of the . county to of a adopted by the Government and forced upon the Derby " dated the sth inst., beg to solicit your considera month is enough to create great irritation in the natives, for they can scarcely desire peace in the tion of the following facts. breasts of the Europeans. Here is the list :—On terms of confiscation. It should seem that nothing Upon the trial of the prisoner, Mr. H. F. Gisborno and October 14 a settler named Humlin w a s shot, and a 1 Mr. J. H. Sims, the surgeon and governor of the gaol in is left to the natives but despair and vengeance, boy named Wallis, who was with him, was wounded; wh . ich the b p . ri g so . n n er an w e a a s t c t o b n a fi t ned, i d d eposed to the fact of the while to the settlers the natives have made absolute ' en the 15th Mr. Jackson and a lad named Sather- ~ on the 11th of conquest a necessity and an instinct. land were attacked while at work fencing—the l l)ecember, and the Rev. H. Moore (chaplain of the gaol) T but not killed here has been a good deal of skirmishing, made a written repor t of the p risoner ' s insanit y in his , ; man shot and the lad tomahawked which the troops and volunteers are rapidly on the 16th Joh n F a hey, a pensioner, and his wife in b e . Minute-book, for the inspection o f the visitin g j ustices earlyin the month of December, and we have been credibly in coming accustomed to bush fighting, and in some were attacked ; the man was severely wounded in his head with tomahawks, and the woman killed ;on instances the Europeans have prevailed against f or med and believed that, notwithstanding such evidence of the surgeon and governor and report of the chaplain, none numbers. One of these encounters deserves notice. the 24th two lads named Trust, while escaping from of the visiting justices or county magistrates, exceptinc , On Saturday, the 17th of October, some firing being ourselves, have visited the prisoner or taken an action ' a house attacked by the natives, were shot; on No heard at Mauku, a party of 50 volunteers, under whatever upon such evidence or report. y vember 2 a settler named Droomould was toma hawked. I have omitted soldiers from thislist, which Lieut. Lusk, started for that place. They came We be g further to state that we entered upon the inquiry w ithin sight of the natives ; and Lieutenant Lusk, as to the pr i son er's mental condition from a mere sense of mu st show that to treat these savages as wild beasts will soon become an instinct with the troops and : thinking his party small, sent to the stockade for duty, and we took considerable pains to ascertain the true volunteers. It was just the same at Taranaki, even more. Twelve men, under Lieut. Percival, left the state of his mind. On the one . hand, we believe our certifi to be perfectly true, while, on the other, we are assured stockade, but seem to have missed their way, for children of very tender years were not safe from e th at a e t a none of the county magistrates who hay© signed the they came upon a large body of natives, and with- memorial of the sth inst. have any personal knowledge of their tomahawks. The settlers call it murder, but stood an encounter for about half an hour, but, the subject matter of our certificates. Neither the prisoner's it is not murder, nor can it be dealt with as mar finding themselves so greatly outnumbered, they adviser nor any of his friends were p resent at our examina der. It is the native mode of warfare. The y h a v e no fine-drawn distinction s between militar y and succeeded in retiring and joining the main body. d on s, and they have in no way influenced our judgment, or The whole body of between 60 and 70 men then v a ttempted tlodoo.—olxlre have, &c., Th non-milit ar y, a nd these savage butcheries can now c, J.P. for the Borough of Derby. marched towards where the natives were firing at J. B. TO MAN, J.P. for the Borou g h of only be c h ec k e d by the most severe and exemplary random, when they were completely surrounded Derby. punishment. I am , indeee., inclined to view these Tnos. 110 E, Mayor of the Borough of Derby, and fired on in all directions. The men behaved savage Hearne GOODE, M.B. and M.R.e.s, slaughters as designed by the natives as a with great s t ea di ness an d ga llantry, and the native deadly challen ge , loss was considerable ; but, of course, the volunteers THOMAS HARWOOD, Surgeon &e., and Medi cal Officer to the Derby Union, has taken p A change of Mi n i s t r lace in New Jan. S. y could not prevail against such odds. Lieut. Per- Z ialand, which, according to all accounts —i. e,, ceval was shot, and six or seven were wounded, of judging from certain speeches in the House of Re whom twa have since died. Poor Perceval behaved presentatives and from the tone of the principal with great coolness and gallantry. He was well newspapers north and south —promises a very known in this colony, and was, it is meld, a grand vigorous prosecution of the war.son of Mr. Perceval wh o was shot by Bellingham. coalition between the War an d Peacelt is, in fact, parties of a of _ . _...e i ___. 1861, the latter being now convi nce d, as indeed ROYAL FREE HOSPITAL, GRAY'S INN-ROAD.— every one must be, that the vigorous prosecution and successful conclusion of this • war is the calk number of patients relieved at this ' hospital during the week ending Jan. 9 was The 2,472, of which 715 were new cases. eecuriy for future peace. The Domett Ministry is [Anven-rtseerENT.l—liolloway's Ointment,—Painless said to have fallen to pieces by internal differences. Cures.—Sores,wounds, ulcerations, and other diseases affect- Mr. Fox, the ieadcr of the party which adhered to i n n the skin are amendable by this cooling, healing unguent. peace in 1861, and which thought that war un j us t, It has called forth the loudest praises rom on wa s sent for, and he united with Mr. Whitaker, the had suffe red for y ears from abscesses andchrpoenrisnswho ulcers,thos Attorney-Oenerel in Mr. Stafferd's war Ministry o f after every hope of cure had passed away. None but who have experienced the soothing effect of this Oint men t that day. Mr. Whitaker is Attorney - General and c an form an ideaofthe comfort it bestows by restr a i n i ng Premier, with a seat in the Legislative Council, and : v easiestown worthand safest a nci Mr. Fox is Colonial Secretary and leader is the has remedy used a ll i a t yi b n a g s p e a st in ab . lis l b V e h d en . e t ver this Ointment liou of R:presentatives. When the formation of has again b e en ea g erl y sought for as thes remedy fat all ulcerous complaints. In neuralgic, rheuina- the Ministry was annouuced Mr. Stafford, the war tism, and gout, the same application properly used gives man of 1861, expressed big entire setVection with wonderful relief. THE NEW' ZEALAND WAR, To THE RIGHT HON. SIR G. GREY, BART., M.P., SEC RETARY OF STATE FOR THE HOME DEPARTMENT. The following is a copy of a letter addressed to Sir George Grey by Mr. Cox, the magistrate of the county of Derby, who signed the certificate of insa nity in the case of George Victor Townley : Derby, Jan. 8. Sir,—l beg to enclose you a letter signed by two borough magistrates and two medical men of Derby, and myself. Mr. Scott, the other county magistrate who signed the certificate of the 29th of December last . , and who was to have eigned the enclosed letter, has suddenly been called to Scotland for the purpose of attending his sister's funeral.- -I have the honour to be, Sir, your obedient servant, W. T. Cox, J.P. for the County and Borough of Derby. ADVERTISEMENT.] —Avoid medicines; they always aggra vate chronic complaints, but Du Barry's Delicious Health Restoring Revalenta Arabica Food, which saves fifty times its cost in other remedies, invariably cures them, restoring perfect digestion, strong nerves, sound lungs, healthy liver, pure blood, refreshing sleep, functional regularity, and energy to the most disordered or enfeebled. We extract a few out of 60,000 Cures :—Cure No. 53,216 of the Marchioness de Brehan, Paris, of a liver complaint, wasting away for seven years, debility, with a nervous palpitation all over, bad digestion, constant sleeplessness, the most intolerable nervous agitation, and dreadfully low spirited.—Cure No. 1,771. Lord Stuart de Decies, Lord Lieut. of Waterford, of many years' dyspepsia.—No. 49,832. "Fifty years' indescribable agony from dyspepsia, nervousness, asthma, co ug h, constipation, flatulency, spasms, sickness, and vomiting.—Maria Jolly." ' _Cure No. 46,270. Mr. James Roberts, of Primley, Surrey, 01 thirty years' diseased lungs, spitting of blood, liver derange' ment, and partial deafness.—Cure No. 47,121. Miss Elizabe th Jacobs, of extreme nervousness, indigestion, gatherings, w w spirits, and nervous fancies.—Cure No. 54,816 . Th e R ev . /as' T . Campbell, Fakenham, Norfolk, "of indigestion and tirpi dity or the liver , which had resiste i all medical treattv t" 2s. 9.1 In tins, 1 1b.,• ; 21b., 4s. 6tl ; 51b., Ils • ; 121 b 225. 1405. —Barry 1)u Barry and Co., No. 77, Regent- s t ree t, L ondon; I also Fortnum and Mason ; and all Grocers and Chels lP4 ' s . , every town of the United Kingdom. Ihim, walked into his counting house lately, and saying he understood he (witness) was femme for the mirrors he Yesterday afternoon, at the Justice-room of the Mansion- supplied for the entertainment of " The Ghost," ordered house, Alderman Waterlow was for some time engaged in one for £l6, and asked at the same time for a loan of £2, investigating the circumstances connected with an extraor- which witness was to add to the bill. During the conver dinary charge of swindling preferred against Henry Horace salient the prisoner took witness's umbrella from a stand Linguarde, described as an actor, and as residing at Butler- and began twirling it about. Witness asked to be excused street-buildings, East Smithfield, who had been remanded for a moment and went out, saying a gentleman wished to Whitehall, Jan. S. from the previous Monday. speak with him. On his return to the counting-house the Sir,—l am directed by Secretary Sir George Grey to The case excited considerable interest, an d the court was prisoner was gone, taking the umbrella with him, and acknowledge the receipt of your letter of the 7th inst., trans- crowded during the examination, witness had not seen him since until now. mitting a letter addressed to him by the magistrates of the To render the proceedings of yesterday intelligible it is This being the case against the prisoner, he received the county of Derby, whose signatures are attached to it. 1 necessary shortly to recapitulate the evidence given on the usual caution from the Bench as to anything he might say, 1 !Sir George Grey has read that letter with the attention to first examination:of the prisoner before the Lord Mayor. It upon which he said that at every place where he gave an which both the importance of the subject it refers to, and was then proved that on Saturday week the prisoner, alight- order it was on the distinct understanding that he was to the persons from whom it proceeds, justly entitle it. ing from a carriage, entered the shop of Mr. Thos. Mills, a forward the money either by cheque or by Post-office order, In order to place the magistrates in full possession of clothier in Aldgate, where he was an entire stranger, and on the receipt of which the goods were to be sent to him. the proceedings which have taken place with reference to selected clothes to the amount of £2l 175., for which sum Alderman Waterlow—But you took Mr. Medwin's goods the case of George Victor 'Townley, a copy of the corres- he wrote on a sheet of note paper a check on the Provident away with you and had a bill and receipt, having given a pondence between this office and the Lunacy Commis- Savings bank in St. Martin's-place, Trafalgar-square. worthless cheque for them. sioners, together with two certificates of Townley's insanity From among the clothes he bought ho selected a full suit, The prisoner said the boots fitted him very well, and it received by the Secretary of State, and of the order for the 1, will be which he put on at once, including an overcoat. Ho then was arranged that he was to have more. He confessed it removal of the prisoner to Bethlem B.ospital under the pro- went to the hosiery department, and selected goods to the was an error to give the cheque, but he should have sent visions of the statute 3 and 4 Viet., cap 54, sec. amount of £5B 145., which he directed to be sent to No. 4, the money on receiving the rest ho of owed the goods. He wcould transmitted to you as sock as it can be prepared. Ovington-square, Brompton. He complained of being pay every penny of the moneyThereno The magistrates will learn from this correspondence that thirsty, upon which the attendant, Joseph Millhouse, gave intention on his part to swindle anyone, or to do anything it was in consequence of informatien conveyed to the Secre- him some wine and a cigar. He then asked if ho could d ine dishonest. When he was a p prehended he gave a correct tarof State by •the learned judge before whom the prisoner in the neighbourhood, and the shopman mentioned the n ame address and the names of two respectable persous for pur e of a house a few doors off. The shopman, whom he invited poses of reference. A swindler would net have done that ; was tried, that, in his opinion, a further inquiry as to the sanity of the prisoner was necessary, that the Lunacy Com- to dine, accompanied him there. After dinner the prisone r and, b y the wa y , when the p roper time arrived ho should missioners were requested by the Secretary of State to asked him to pay the bill, Ss. 7 d., and place the amount to brin g an action a g ainst the witness Millhouse for giving undertake the inquiry. Sir George Grey feels that it was his account, which the sh pman did, and they returned to - him into custody. He might add that an accident had oc gether to the shop. By this time a messenger who had been curred while he was performing " The Ghos t, " b y the impossible to refuse an inquiry so recommended by the sent to get the check cashed had returned and reporte d breakin g of a lookin g - g lass which had cost him LW. That judge, and he is not aware that, under the circumstances of that the bank was closed for the day, and he had not got was all he had to say. , the case, he could have intrusted the inquiry to more able the money, Upon that the prisoner said he had no money Alderman Waterlow was afraid the prisoner was too well or responsible persons, or to persons likely to conduct it with greater impartiality and freedom from any precon- about him, but that if the shopman would ride with him known about town. ceived opinion or doubtful theories. The Commissioners' in his carriage to Ovington - square he would pay for i Prisoner (interrupting)—Not in the sense in which you the clothes he had en and hand hi m a check upon think; but when misfortune befalls a man there are always report is among the papers which will be sent you with the • to run him down. Messrs. Coutts for the balance, amounting to £69 people ready least possible delay, but the Secretary of State was not 1 odd, The attendant went with him there accordingly, Alderman Waterlow said he had not the slightest hesita called upon to decide on that report alone whether the son -1 and the prisoner asked at the house No , 4 for some one by , tion in committing him for trial. The defence he had set tence of the law ought to be executed or not, because at the name. The reply was that no such person resided there,upon up was wholly ridiculous. He had obtained possession of same time that he received it he received also a certificate, which the prisoner, still attended by the shopman, drove to the goods of Mr. Mills and Mr. Medwin, and had given in dated December 27, signed by three justices of the peace and two for the borough of Derby) and (one for the county i some livery stables near Russell-square, where he had hired payment checks which were utterly valueless, not to men , the carriage. Arrived there he was going away without , tion the poor cabmen whom he had defrauded. He stood two medical men, stating, in the terms required by law, that they had examined and inquired into the mental state ' paying for the use of it, when the proprietor presentedhim- committed to Newgate for trial. of the prisoner, and certifying that he was insane. This , self, and, in the result, the prisoner, who had stated he had 1 Several cabmen stood forward to pre fer char g es a g ainst ' no money about him, left the undercoat he had shortly be - 1 t he p risoner, but the circumstances were not investigated. was followed by a certificate to the same effect, dated the 29th of December, and signed by two justices of the peace i fore selected at Mr. Mills's shop in pledge for 255., the hire One of them, on being told by Mr. Goodman that his remedy of the carriage, the shopman Millhouse strongly remonstra- was in the County Court, said that he had never been able for the county of Darby (one of them being the same who ting, on the ground that the garment had not been paid for, to find the prisoner. had signed the former certificate), and the same two medi and eventually giving the prisoner into custody. Alderman Waterlow said the applicant knew where to cal men. Copies of these certificates are also among the y On that evidence the prisoner had been remanded, and fi nd him now. (A lau g h.) papers which will be sent to you. Upon these certificates yesterday Mr. Wontner, solicitor, of Bucklerebury, who at- The prisoner was then removed from the bar. from four justices of the peace and two medical practi-I tended to conduct the prosecution, said it was necessary that -- tioners the prisoner, in accordance with the construction he should state some circumstances in the prisoner's career. which has been uniformly placed on the section of the Act before mentioned, was ordered to be removed to Bethlem He had, in the first instance, given an address at the Goat Inn, Farnham, but that statement was incorrect. He was Hospital, the capital sentence being respited, but not tom- Last evening a public meeting of the ratepayers of the certainly known at Farnham, and that to the cost of some of muted. parish of St. Mary, Lambeth, was held at the Horns Tavern, ' the inhabitants, but the landlord of the Goat disclaimed his The magistrates in their letter of the sth inst. say, withKennington-park, for the purpose of considering the serious acquaintance altogether. In November last he was convic reference to the inquiry made by two magistrates, aided by defalcations which have recently been discovered in the case led in 40s, and costs for riding to Aldershot by railway two medical men, that that inquiry did not, like all previous of two of the collectors of the parish rates, and to devise without a ticket, and refusing to pay the fare, and in default inquiries of the same kind, originate with the gaol authori- of ament he was seat to the House of Correction for a means for the prevention of such occurrences in future. As ties, but was promoted and conducted as a matter of proles- the matter had given rise to much commo ton p y ion in the parish month. That ought to have had some effect in improving sional business by Townley's legal adviser. Sir Geo. Grey the meeting was crowded by respectable ratepayers, who his morals, but not so, as was shown by the fraud he had had no previous information that this was the case,nor could evinced much interest in the proceedings. since practised upon Mr. Mills on Saturday week. With Mr. Webber having been voted to the chair, he be in any way responsible for any irregularity—if irre- • respect to his transactions with the livery-stable keeper,Mr gularity there was—in the proceedings. No person other Mr. GILES then moved the following resolution :—" That Hicks, he, in the first instance, wanted to buy a horse and than a magistrate could be admitted to examine the prisonerdefalcations having occurred with two of the rate collector:, carriage there, buts servant whom he saw declined, in the of this parish to a very considerable extent, this meeting or to inquire into his mental state without the sanction of absence of his master, to undertake the sale, and the pri deem it of the highest importance for the protection of the the visiting justices or of the Secretary of State; and as the senor contented hinself with hiring a carriage for the day. visiting justices must therefore have been aware of the pro- ratepayers that immediate steps be taken to ascertain and He went to the shop of Mr. Medwin, in Regent-street,:and seeding, and as no communication on the subject was re- inquire into the management of the collectors and the sys bought goods to the amount of £3 13s, which he took ceived from them at the time, or has been received u tens of check adopted with the accounts, and that the Poor away in the carriage, paying for them with a sham cheque to the present time by the Secretary of State, he could only p law Board be requested to institute an inquiry forthwith into and thinking it beneath his dignity to take either the presume that what was done was done with their knowledge the whole of the circumstances and report thereon." In invoice or receipt, which was tendered him. Thence he and sanction. So far, however, as it concerned the steps to support of the resolution Mr. Giles entered into a detail of went to the shop of a tailor at the west end of the be taken by the Secretary of State, in conformity with the the manner in which the business of the parish was con town, and, representing that he was about to be married, ot theof the rates. poor, Then but who th there h e N a v d a nothing o t t h h e i ng burialto d ob board dh andth e law, on the receipt of such a certificate, it was immaterial ducted. There was the board of guardians, who had the selected a smart overcoat, tendering a similar check in how the inquiry originated, provided the certificate was in payment, which, however, was declined, and " my lord," accordance with the provisions of the statute. management collection taking umbrage, drove off in his carriage. He next pre- There is one other passage in the letter from the manis• the vestry, with the churchwardens and overseers, the senten himself at tie shop of Mr. Dent, the jeweller in the latter having the management of the rates. The number trates to which Sir George Grey thinks it right to refer. Strand, and order& jewellery to the amount of £6O, for which of assessments in the parish was 23,600, and the rateable They say that the effect of the respite of Townley and of he gave a check or the Provident Savings Bank, but that his removal to a lunatic asylum "has been to cause much value £556,420, the amount assessed as poor rate being was refused, and the prisoner took nothing by the transaction. £93,000, and the total amount assessed for all purposes was dissatisfaction, and to create a feeling, greatly to be Since his arrest the result of inquiry at the Provident lamented, that there is one law for the rich and another for £152,221, for the collection of which there were 12 collet • Savings Bank in st. Martin's-place showed that in March, the poor ; that justice has been turned aside by the power tors, and the cost of collection was £3,240, an average of 1860, the prisoner, who then described himself as an actor, of money ; and that if Townley and his friends had been £270 to each collector. Under such circumstances, there and resided in Nicholas-square, Hackney, deposited £25 in poor he would have been executed." The magistrates may fore, when there was such an amount of money to be dealt the bank, but drew it out about ten days afterwards, and he possess information as to the expenditure of money by with, the most rigid supervision should be exercised over had never had any transactions with the bank since, though Townley's friends of which the Secretary of State has no the collectors. many of his sham checks had been from time to time pre knowledge ; nor is he aware of the manner iu which the ented there to be scashed, Probably the Court would think Mr. MERCER having seconded the resolution, it would be for the benefit of the public that this man's c a -magistrates believe such money to have been expended. Mr. STRATTON said he had the misfortune to appear before But the most satisfactory proof which can be given that the them as one of their churchwardens, and he could assure reer of fraud should be put an end to, and that the proper ; course taken with regard to Townley is one which it re- them no one regretted the state of matters more than did course would he to send him to the Old Bailey, where a jury quired no expenditure of money to obtain, and which would would deal with him end his checks in an exemplary , the churchwardens. He admitted the system was bad, and have been equally taken had Townley and his friends been manner, that more supervision was necessary, and in order in some poor, is a reference to a similar case which occurred at the l\ n l n r. er james Down was called. He said—l am a tailor and degree to remedy the matter they had called in a profes- Spring Assizes held at Newcastle.on-T vne in 1862, when a outfi ter in the Strand. On Saturday, Jan. 2, the prisoner signal accountant, who was making a strict investigation of • man named Clark, himself a poor man, and with no friends the books. He was churchwarden in 1855, and they had called on me about 12 o'clock in the day in a carriage, with then a staff of arrear collectors, who, coming after the re who were not also poor, and in whose defence no counsel a servant, and selected a light brown overcoat, the price of gular collectors, operated as a check upon them, and it was even was retained, was convicted of wilful murder and son- which was £2 ss, for which he offered to give a check. I almost impossible for them to have cheated the parish, but fenced to death. In that case, as in the case of 'Townley, said it was not usual with me to take checks from strangers, the learned judge before whom Clark was tried, in report- Y' in 1856 the Poor Law auditors had refused to sanction those but that if he would write a check I would get it cashed ! arrear collectors, and ever since they had little or any check ing the case to the Secretary of State, expressed his opion and then send the coat to his address, or he could call again that the verdict was right, but called the attention of the upon the collectors. That he agreed to do, and wrote the check produced on the Secretary of State to the evidence as to the unsound state of Provident Savings Bank. In less than hour he called again. After some further disc ission Mr. Buckton moved as an mind of the prisoner at the time of the trial, as having, to I had presented the check in the meantime, and it was die - amendment that the meeting abstain from expressing any use his own words, ";so intensely important a bearing upon honoured. I told him it was an ungentlemanly transaction; opinion in respect of these defalcetions until the account the question whether he ought to be executed." In conse- my father, who was present, went further, and called him a i ant now examining the books gave in his report thereupon, quence of this representation from the judge, an inquiry as Mr. GODFREY seconded the amendment, but the mover swindler. The prisoner merely said something about "zit- ' to the insanity of the prisoner was directed by the Secretary of it having ascertained that the accountant who was in of State, and the result in that case, as in the present other man in the Strand having taken his check," and then , vestigating the books had been appointed by the church hisi wardens and overseers, and not by the Poor-law Board, removal to a lunatic asylum. t was entered his carriage slid drove off. Ho had mentioned Mr. w ithdrew the amendment, and the original resolution was Sir George Grey trusts that this statement will tend to Dent, and I supposed it was he who had taken the check., of 86, remove the impression which the magistrates say exists, Robert Verity, foreman to Mr. James Medwincouse under similar circumstances, would not be adopted in trh Regent -street, b oo t ma ker, deposed that on Saturday, the i carried amid much applause. a nd which they appear to have shared, that a similar 2d of January, the prisoner called th ere in a p haeton, be- , Mr. PHELPS than moved that a memorial, founded on the resolution ju-t adopted, be proposed and presented to case of a poor man as in the case of one whose friends had e ' twee!). 12 and 1 o'clock, and sai d he wan ted to be fitted with I some boots. 'Witness showed him som e, and he selected the Poor-law Board—such memorial to be signed by the the power of expending money in his behalf.—l am, sir, your obedient servant, four pairs of boots, ono pair of leggings, and a pair OF chairman on behalf of the meeting. slippers, which came to £8 13a. He made out a bill and Mr. BATLEY having seconded the resolution, it was H, WADDINGTON". gave it receipted to the prisoner, who then wrote the check unanimously adopted, and the proceedings terminated with produced for the a mount on the Providence Savings-bank. a vote of thanks to the chairman. ellai...••••• '! On being asked for h is address, he s aid , " G oat's Head Hotel, Farnham." He took the goods away in the phaeton , leav - Frightful Accident at Woolwich Dockyard, ling the bill and receipt on the counter. Later in the day -.* -- the check was returned to witness dishonoured. THREE MEN KILLED AND SEVERAL INJURED John Level b onin g , c l erk at t he Pro vident Savings- i Yesterday afternoon considerable excitement prevailed in i bank, St. Martin's -place, Trafalgar-square, said the pri- the town of Woolwich, in consequence of a fearful accident, sonar had no account there, and that the directors of the which occurred at her Majesty's dockyard, causing the death bank never paid by checks, Since March, 1.360, he had had of three workmen and severe injuries to several others em ployed at the establishment. It appears that the paddle no money there at all. ? steam .vessel Spiteful, lying at the east side of the inner Alderman Waterlew—What did you then know of him • ,basin had been condemned as unfit for further service, and Wit n ess —He attended at the bank on the, l7 t h of March, 1860, and paid in £25, which he drew out on the 30th. Ho arrangements made for the removal of her boilers and ma had been there s inc e in connection with another account chinery by means of the powerful crane and sheers on the which was not in his name but n that of a minor. wharf, which is worked by hydraulic pressure. A conside- Alderman Waterlow — Had ht any power to draw on any ' rable number of artisans and labourers from the steam fac tory department were em pl o y e d on board the Spiteful to carry Witness—No. out the required o p era ti ons , a n d one of the boilers having The prisoner said the minor referred to w as his son, been attachel to the g e a r , was lifted from its position, and Witness said money at the bank belonging to a minor , had just cleared the hold of the ship when at that time (a could not be touched by a turd party, unless with the quarter to 3 o'clock) the tenth link from the cylinder of the minor's consent indicated by a power of attorney• massive chain attached to the sheers snapped asunder, and Mr. Charles Hicks , a livery staple-keeper in Kermel-street, the sheers being thus released, suddenly canted round with Russell-equalee said ,— Un the 2 d of January the prisoner the ponderous gear attached, sweeping with tremendous had a phaeton from my establishment. I was not at home force over the deck on which the men were standing. A when it was hired, but I was when he brought it back. The scene of the utmost confusion and havoc resulted. The men charge was 255., including the driver. He was getting into were knocked about in all directions ; the heavy chain and a cab to go away without paying or returning the phaeton. gear falling upon their heads and bodies. As soon as pos- He said he should require a carriage next morning, and he sidle assistance was at hand, and the authorities and medical would pay then. I asked for payment at once, he being a officers of the dockyard went on board the vessel, the deck stranger. He replied that he ha 4 got no money about him, of which presented a shocking spectacle. Two men named and then walking into the counting-house with me he said, ' William Johnson, aged 43, leading hand at the factory de n Gi ve me some paper and I'll write you a check." I said partment, and Patrick Kelly, aged 25, a factory labourer, a check was no use to me , atd that I had had trouble were found lying dead, five men dangerously wounded, and enough with him already, without his check. He replied others more or less injured. The most severe cases were that he could not pay, upon which I said he rarest leave those of George Nash, fractured skull, who it was evident some deposit with me for the charge. Ho said he had got could not long survive ; Patrick l\PGennity, fractured nothing to leave. I remarked that he was wearing a good skull; Edward Reed, broken leg and other injuries; Cor greatcoat, upon which the tailor who was with him stepped nehus Regan, compound fracture of thigh; and Edward forward and s aid, "That belongs to me." The prisoner then Adams, injury. then (A took off his under Coat and handed i t to me. The tailor, The deceased men and the worst cases of the wounded interposing, said "That belongs to me also," (A laugh.) I Were immediately after the accident removed to the Royal said I would take car e of it un t il I was p aid. The tailor and marine Hospital, and every attention was rendered to the he then went awry, and just as they w ere leaving a cabman sufferers by Drs. Thompson, Kelly, and Minnoch ; but on drove up and said to me, "Der. Hick s, I want to see you. inquiry at the establishment last evening it was ascertained I drove this geetleman (pointing t o the prisoner) to your that George Nash expired about two hours after his admis y„d t hi s moil ing, who came to hire a carriage, and on sion, and MeGennit y and Reed are in a very precarious con leavingdition. laugh.) S ty side, heard that. The sbeers were erected about three years since , and the standing by link of the chain which snapped is about two inc hes in dia- the I sail el . i he tol d would m a : t . yon h would e prisoner, pay who f fora." was e . '' The prisoner—That is rather a high price for your trap meter, weighing several pounds, and of wrought iron. . -----------. for half a daf', Mr. Hicks, is it not ? --- - Wit ness Was told by the Court he need not answer that ' Many mistakes have occurred in the observations question, a id he did not, made on the appointment of Mr. Beard to the office j M r. Wootner said it was right he should state that a few of Court Newsman, from which Mr. Doane retires, This weeks sec the prisoner w a s taken before Mr. Norton, the ' office has nothing to do, as stated, with the clerkship of Lambeth Police magistrate, as a common cheat. H o was presen t a ti ons , w hi c h concerns ecc l es i as ti ca l appointments , then ehg .ged with obtaining Provisionstradesmen in • and is in the gift of the Lord Chancellor. The Court Lambeth on various pret e nces. The evidence,fro from however, did Newsman's duty is to distribute daily to the morning not quite establish the offence, and Mr. Norton discharged papers a document supplied from Court, and called h i m. Jn that occasion a number of cabmen, whom he had the " Court Circular"—not in any way a onnected w ith led, attended, and it then a pp eared that be was well t• a newspaper so called. The office o f Court Circular , defog nw ° to their fraternity, an d went by the soubriquet of or Court Newsman, commenc e d under the reig n kno Ghost." A gentleman, from Farnham also said that ,of George 111. The King, being much annoyed at reoc tly the prisoner got u p an entertainment there, at ' the inaccuracies in the papers as to the royal movements, p si mono he was announced to play " ' The Ghost." A number took the advice of the chief metropolitan magistrate, and of p eople went and paid their money at the door, and when , appointed a Court Newsman ; and Mr. Doane, the grand th, time arrived for the commencement of the performance father of the late official, was installed in the office, which Tee Ghost was nowhere to be found, hence the cognomen has gr adually developed itself in importance.l he record t • e c e' " The Ghost." , dig of the official doings of Ministers' reception of depute - Police-constable Back, ja whose custody tbe prisoner was, lions, sending. off despatche s , and announcementsp of ap said in searching him at the po lice- station he found noth in g . pointments, fall to this officer. The Lord Chamberlain like upon him but an empty card' case, a bill for refreshments wise makes a heavy demand on the Court Newsman's services, and some cabmen's tickets. as he is seated in the ante-room on drawing-room and levee A cabman named Chas. W (4)ll °3', stepping into the wit- I days, and has to prepare and forward to the daily press ness-box, said he recently drove the prisoner to the Oxford- a list of the company present, as also to do the like duty on lobster supper and cigars for him the occasion o f Ro yal balls and evening receptionse, instal rooms, and paid ss. for a o there, (A. laugh.) He afte rwards dr ove him to a p lace in lotions year ftlll.enbusin essofthe tobe iddS.ef o the neighbourhood of the T ower, w here the prisoner got thhth e ographed sheet which the donecon Court ts Newsman very heavy, n has and to tn ge t out and went up a court Wi tness ne ver saw him ag ai n use- struc k off by press at his own private residencesma cannot fre til now, so that ho lost the price of the supper and his fare. e p s ently be forwarded to the daily papers before two or three He hoped the prisoner enjoyed his supper. (A. laugh.) o'clock in the s eorn i e g. At other times of the year the . Mr. Anicljeh, looking-glass manufacturer in Bishopsgate- ddunttiyestirron, throughout the is speakit , g, light, a lthough esen l i l l c 3, o e susranria, and the r P street-without, said the prisoner, who was a stranger to lilies are always great,-'-Court CHARGE OF SWINDLING. Defalcations of the Lambeth Rate Collectors. JOURNALS, mercy, exercised upon the recommendation of the Home Secretary, could save him. But from this statute it would appear that a prisoner under sen - PosT.—The decisions deliv ere n tence of death can at any time be reprieved by mere the Exchequer in the Alexandra eeee force of a certificate of his insanity, drawn up by' lative positions of the Crown and the defentleaa::uhysicians or surgeons of any, c h arac t e r or prac tically unaltered. In the courseof Michatalrnae two.. h v atever, attested by two Justices of the term the Attorney-General obtained a conditional oPinim 3 e ncracies or intelligence whatever. rule for a new trial, and, cause having been shown Now, of any idiots; e abundantly evident, in the by the counsel for the defendants why that rule Now, as it has been ma.ii`his s h o uld not be made absolut e, the members of the course of the discussion on case, that mecertify dical Court have now given ju d g ment. The Lord Chief men of high standing may be fount, who will Baron and Baron Bramwell a re of o p inion that t he to the existence of insanity in almost al;, Y 1 be rule conceives should be discharged, or in ot her wor ds , that able case of murder, and who, indeed, woU the verdict found at the trial for the defendant s more likely to give the required certificate the woreC should not be disturbed ; whilst Barons Channel), the murder was, it is certain that the medical sects and Pigott have pronounced for making the rule rity for the execution of justice in the spirit of the absolute, that is to say, for a new trial. The Court law is worth absolutely nothing. Nor do we see being thus Equally divided, no definite judgment that matters are made much better by the required could in effect be pronounced but, in order to fur- addition ov shardsr of two justices of the peace. nish one from which an appeal might be made to It would be if out of the magistrates of a the Court of Excheqeer Chamber, Mr. Baron Pigott, county town two could not he itaduced, either by a as the junior member of the Court , withdrew his clever lawyer, or by the medical men themselves, or judgment. The majority, then , being in favour o f ' b y some crotchet or sentiment, or by some popular discharging the rule, it was formally discharged, cry, to endorse such a certificate. We do not beet and against such judgment the counsel fir the ; for our part, why anybody need be hanged with Crown will now appeal to the Court above. The this loophole to escape by. At all events we are public are so perfectly conversant with all the cir- certain that any clever rascal, by the help of 6 cum stances under which proceedings were insti- clever lawyer, might take advantage of the Act. tuted by the law officers of the Crown in this re- Inch scarcely possible to exhaust the anomaly of markable case, that it will be necessary only very a state of things. Great complaint has been , briefly to advert to them. An information was filed very properly made of the irresponsible and uncon by the late Attorney-General against certain per- tain character of the Commissions w hich might be sons claiming to be the owners of a vessel seized by appointed by the Home Secretary to inquiro the Crown in the port of Liverpool, and in the con- such cases as these. But the Home Secretary is, at struction of which it was alleged the law had been all events, responsible for acting on the report of the violated, and the vessel, with its appurtenances, Commissions he appoints, and, unsatisfactory as thereby forfeited to the Crown. It was a proceed- any secret tribunal of the sort must necessarily bee ing not against the defendants personally, but the persons appointed by him can hardly be ()there against the ship, and the issue to be decided was wise than independent and competent authorities. whether the Crown was entitled to retain possession But the tribunal to which this Act gives an autho of the latter, or was bound to restore it those claim- rity to revise the sentence is fortuitous, and may be ing to be its owners. The whole case turned on the either ignorant or prejudiced, or both, and its actiou construction which should be put upon certain removes all responsibility from any one. It was sections of an Act of Parliament known as the felt to be sufficiently unsatisfactory that an unre - Foreign Enlistment Act. By the seventh section stricted and unregulated power of reversing the it is provided that if any person shall, within the solemn sentence of a court of law should rest even United Kingdom, " equip, furnish, fit out, or in a responsible Minister of the Crown ; but it is arm," or "attempt to equip," &c., any vessel, amazing to find this power placed in the hands of " with intent or in order" that such vessel should any two crotchetty medical men and any two ill- be employed for hostile purposes against a friendly informed or prejudiced justices of the peace. It has Power, he shall be guilty of a misdemeanour, and been found dangerous that the authority of a judge that every such vessel shall be forfeited to the Crown. and jury should be set aside by a Minister acting On the trial it was proved that, in respect to her under the authority of the Queen ; but here the au' mode of construction, the Alexandra was better thority, not only of judge and jury, but of the fitted for warlike than for commercial purposes, and Queen herself, is set aside by two magistrates and that she was easily convertible into a ship of war. two medical practitioners. The Act is said to have It was also proved, however, that at the time of her been hastily and inconsiderately passed in 184 0 , seizure she had no armament on board. The Lord and it cannot be doubted that such a flagrant snot Chief Baron, who tried the case, explained to the maly will be at once rectified. It is to be hoped, too, jury that the building" of a ship intended for war- that, the attention of Parliament being thus imperil like purposes was not forbidden by the Act, and left tively drawn to the question, it will take the oppor' it to them to say whether the Alexandra was tunity to law down some satisfactory law for the " equipped, furnished, armed, or fitted out" within decision of similar cases for the future. Unwelcome' the meaning of the Foreign Enlistment Act, or however, as such a revelation of the state of the whether it was the intention of the defendants to law may be, it is satisfactory that it removes every equip or arm the ship within her Majesty's domi- shadow of ground for the unpleasant imputation s nuns. The jury decided that she was not so on the administration of justice which have been so equipped, and likewise negatived the intent to loudly and unhesitatingly expressed. The whole effect her equipment in an English port. The rule i point before Sir George Grey, the Lunacy Commi 6 ' nisi for a new trial was obt ained on the g rounds of stoners, and the self-constituted Commission has misdirection and of the ve rdict bein g a g ainst the been entirely mistaken. The matter has been argued' e weight of evidence , and t hat rule has now, as as though they we: e upsetting the decision of tot already explained, been d i sc har g ed. It is remark- jury as to whether the prisoner was insane or nou able that whilst the two senior members of the court when he committed the act, whereas the Sol ° concurred in upholding the verd i ct u p on the same question was whether be is insane or not Of grounds, the two junior memb e r s were of opinion the present moment. Neither the truth °. that it should be set aside for reasons totally dis- 1 the verdict nor the justice of the sentence 1° tinct. The Lord Chief Baro n and Mr. Baron Bram- in any way impugned. The sole question 1° well were satisfied equally wit h the direction of the whether the sentence shall be executed. If the former to the jury and with the justice of the ver- prisoner, from whatever cause is now insan e ' diet. as measured by the evid ence adduced on the it is acknowledged that it would be an act of in' trial. Mr. Baron Chan n e l ' g ave his voice for a humanity to put him to death. It will be seen, WI new trial chiefly because h e b eli ev ed that the from Sir George Grey's letter, that precisely t l3l° Lord Chief Baron had not sufficiently explained to same question of the sanity of a prisoner tried 19 the jury the law as pertinent to the case, and had tence was raised in the case of a poor man tried ollu misled them by placing the sale of armed ships the year before Townley, in precisely the same tvaP and of munitions of war on the same footin g . by the intervention of the Judge, and that the 111.1; Mr. Baron Pigott, on the other hand, rested boner was sent to an asylum in just the same sra! his judgment on the misinterp retation of the that Townley has been. The accusations of parll' meaning of the section of the statute by ality which have been made in the matter are tho°' the Lord Chief Baron, and on the ver- we think, proved to be uncalled for and unjustifieue diet being against the weight of evidence. At all events, now that it is made evident that th io In his opinion, the obvious construction of the ship miscarriage of justice, if there be any, is chargea b e for warlike purposes, the stanchions with which entirely on au absurd Act of Parliament, it ie to bt she was supplied, and the cookhouse—constructed hoped that the public will reserve their dissatisfn for the accommodation of large numbers of men— tion for that strange piece of legislation, and tb i/ with which she was furnished, all tended to show no time will be lost in altering it. ether an actual " fitting out" or an intent so to do . within the meaning of the Act. The discrepancy between the grounds on w hich Barons Channell and COUNTRY MARKETS. Pigott have arrived at the same conclusion in itself, = .!F COLCHESTER—Ja.N. 9. therefore, gives additional weig ht to the j ud g ments There was a fair supply of wheat at our market to. -d° of the Lord Chief B aron and Baron Bramwell, with a moderate business doing, and prices as follows •:3.0 which, in train of reasoning and in results, entirely Wheat white 44s 50s i Beans, Mazagan..29 go correspond. It is impossible, however , to read the red 40 s 44s middle & 5ma11.325 decisions of the two last-named judges without ar- Barley riving irresistibly at the conclusion that in the Oats building of the Alexandra the Foreign Enlistment Act, was not violated. That statute designedly omits to prohibit the " building" of ships of any class whatever, whether intended for peaceful or for warlike purposes. Shipbuilding is an important branch of English trade, end that branch the Legis lature clearly never intended to paralyse. The sole point, therefore, to be determined on the late trial was whether the construction of a vessel in such a manner as to be easily convertible into a ship of war was such an Equipment or fitting out as 'th e Legislature intended to prohibit. That it was not intended to arm the Alexandra in an English port was universally conceded; no one doubting that, like the Alabama, she would have taking her arma ment on board in some foreign port, or on the high seas. It was impossible, however, to give to the terms used in the Foreign Enlistment Act any other than a common-sense meaning, and, without an ob vious straining, they could not bear the interpreta tion sought to be put upon them by the Crown. Even although the builders of the Alexandra may have intended the vessel should be employed against the Government of the United States, still, unless such intent was manifested by their putting her in a position to he so employed they could not he con sidered as having violated the law. A fair test is furnished by the Lord Chief Baron when he asks what would have been the condition of the Alex andra on reaching the high seas had she been per mitted to depart. She would have been absolutely powerless for hostile purposes. Without armament or military equipment of any kind she would have been a mere hulk. Would she, then, in such a posi tion, have been " armed, furnished, equipped, or fitted out" within the meaning of the Foreign En listment Act? It is impossible for any one seriously to answer the question in the affirmative, and, that being so, there can be no reason to question the justice of the verdict given by the jury in favour of the defendants. TIMES.—Sir George Grey has lost no time in replying to the remonstrance addressed to him by the magistrates of the county of Derby in the case of Townley, and his letter, containing a full account of the grounds upon which he acted, will be found in our columns this morning. This document places the respite of Townley in a very different light from that which has given rise to so much popular dis satisfaction, while at the same time it reveals a point of far more serious and startling character than any hitherto noticed in reference to the case. In the first place, this feeling of dissatisfaction has arisen for the most part under the impression that the re spite of the prisoner has been granted by Sir George Grey in the exercise of his discretion. The public will, therefore, be startled to hear that he does not appear to have had any discretion at all in the matter. Neither the suggestion of the Judge nor the consequent examination of the prisoner by the Lunacy Commissioners has had anything to do with the matter. Sir George Grey has not had even to form a judgment upon the merits of the case. It appears that by an Act of Parliament, passed in 1840, it is enacted that whenever any person con fined in any prison under sentence of transportation, imprisonment, or death shall be declared insane by two physicians or surgeons and two justices of the peace for the place wherein the prison is situate, it shall become the duty of the Secretary of State to send him to an asylum. The precise words, indeed, of the Act aro " it shall be lawful," but it is well known that this is a regular legal term, implying an obligation, and not a permission. In the case of this p articular Act there appears, at all events, to be no doubt that this is their meaning, and Sir G. Grey is strictly accurate in saying that " this is the construction which has been uniformly placed" upon the section in question. Now, as the public are aware, a certificate in the form required by the Act was duly executed, and placed in the hands of Sir George Grey. Upon the receipt of that certifi cate, therefore, the whole question of Townley'a fate was at once settled, independently of any other considerations whatever. The t matter was taken o ut of the hands not only of Judge and jury, but of her Majesty and the Hom e S ecre t ar y, and ry there was nothing left to the authorities but to obey a plain direction in a recent Act of Parliament, and to order Townley's removal to a lunatic asylum. This statement ought to be sufficient, as we shall presently point out, to remove any feeling of jealousy in regard to the supposed injustice of the proceedings, but it discloses a state of things which ought to be far more startling and alarming to the public mind than the worst suspicions hitherto en tertained. A partial administration of justice could in this country only be an accidental and isolated circumstance, and would be sure, if it occurred, to be decisively put a stop to. But the existence of a law so egregiously absurd ,as this enactment appears to he is far more serious. We have always been ac customed to suppose that the prerogative of pardon rested entirely with the Sovereign ; that when a prisoner was once convicted nothing but the Queen's siniull OF by the Barons of the re- GLOUCESTER—JAN. 9. There was a good show of English wheat to-dal, ITOr the farmers, which met a fair sale at an advance Of ' 9 r- o f qr. Foreign wheat dull, with no advan c e on the prioest,"l last week. Oats, barley, beans. and peas were dull , still unaltered in value. CHELMSFORD—JAN. S. I At this corn exchange to-day there was a moderate sbo of wheat, which met a tolerably active trade, and the P r v, of last market advanced is per quarter for the best saraP Spring corn unaltered. ~,, 5 9 ° Wheat, old white 30s 47s I rcas, Partridge...• ou s 390 new 44s 50s White .......... 3 85 410 old red 34s 40s Boiling ... ...... 3 95 564 new 38s 42s Dun............ 33th ./ 5 Barley 27s 37s Ditto new ...... -- -- , 6 390 Chevalier ..28s 39s Beans, Tick, 31 d .• 33! .- Grinding 22s 31s new.. --3 4O Malt..~ Chevalier • ..... ,64s 69s new.. -- 3 3SO Oats 20s 28s Mazagan .......303 GRAIN—JAN. 9. o tif We had good suppIies KIRKCALDY of barl6y, oats, and wheat at „ per market today. gales were ready, and prices is to %"" qr up. Wheat. Barley. Cats. • First.— 35s Od 1 268 6d 17s Od Second 37s Od 28s Od I 18s Od Third....39s Od 30s Od 19s 6,1 COAL MARKET. rrioes of Coal per Ton at the close 01 the nitaXe t • , I s. d. 6 6 Hastings Hartley ....18 9 Walls l Encl. ,25 Eden Main ...... .. 25 Hetton ...... ?4 24 0 Haswell Cassop ......... walls End. Tunstall Ships at market, 251; sold. 25. Foreign Mail Packet List. MAILS DUE. 1 5 ' Australia and Mauritius, via Southampton. P 11 ." ...... _._,,.• via Marseilles ......... J_!''',„ 3 , Brazil and Cape Verds, by British packet. ....... I ,3 '' Cape of Uood Hope, Ascension, and St. Helena... Tan. ,5,,, China, Penang, and Singapore' v i a Soutnampton.Jan. 4, via Diarseilles ... Jan. Falkland Islands Gib ra lt a r, via Southampton ................. Jan, '7,3, India (Calcu tta), and Ceylon, v i a Southampton. , Jaa,p's,. via Marseilles.... Jari•• O. ij., I n dia (Bombay), vi a Southam p ton JO' „, via Marseilles Feb Portugal.... ............ MAIM, Egypt, and Aden, via Southampton ...... jaP , ', 7 - 1 3, ' -- via Marseilles ........ . 0 Newfoundland Oporto and Vigo ................. J . p . 1 4 ' U. S. and British N. America , by Brit. p acket... • " 4, by U.S. packet.... att I; by Canadian packet.' eb . I ,l ' W.C. of Africa, Madeira, and Teneriile .......... r 0 . 1 1 ' Bahamas, via New York .Ja Jal3' 2 ..),9 , Mexico •• • ' 9 ' All parts of West Indies, including Chili, Peru, }Po . California. and British Columbia. ----"/ Birth. HALL—On the 10th inst., at Sheerness, the wife of CAllO5ll' W. King Hall, C. 8., H.M.S. Cumb erland, of 3 ° ter. t tD e L I CHFIELD—On the 11th inst., at 35, Th oiver. street ' , Countess of Lichfield, of a son. Wife STONE. —On the 10th inst., at 114 , Piccadilly, the John Stone, Esq., of a daughter. ;Air 0 g TIDY.—On the 9 th inst., the wife of IL Edgar TL-- ' of Clifford's-inn, solicitor, of a son. Marriages. , go t D° ANDERSONP OWER.—On the 9th inst., at St. G e o -f ile, li , l Martyr, De Lancy Radcliffe Anderson, Es.l.-, - a e ;, Royals, youngest son of the late Colonl HO% po li o"' son, to Adela Jane, second daughter of W. Henri „81. Esq., M.D., of Queen - square , W .C. mboll i.- 0 S I MPSON—SHErrARD.—On the s th inst. , at St. A. t o, A Kilnburst, Yorshire, te Rev. J Curwen Si'',Wpol Frances Maria, k youno•er h daughter . o f S a muel S''' ' e Esq., of Taunton and London. Deaths. , ha All e°l ALLEN.—On the 10th inst., at Herne-hill, 4 0 , ro der.- 1 ' Esq., aged 80. ;,., pieta' 1 BIELEFELD —On the 10th inst ,, Charles F 1 1e ,,,, kid, of Wellington-street, Stran d, a g ed 60. 01 0 DONNE.—On the 7th inst., at Weston Vicarage, ,i' Benj. Donne, aged 67. . fle I afo MAciriN.—Oa the 10th inst., at 31 , Alfred-Plac e ' .... At I square, Nathl. Machin, Esq., aged 55. -rollYrf !OSBORNE.-0a the 9th inst at Walkam Elizabeth, Lady Osborne, "widow of the hoe 5 3. o eo • Osborne . Osborne, Bart., of Beechwood, Tipperary. i Jo PAscALL.—On the 10th bast , at Pentonville .reaut - g reen. :•- 0 0 0- Or Pascall, Esq., aged 78. . W O 4 , P 01::::0.-1-1,0agnetdh8e11.0th inst., at Crescent Ilou se 'll j il etl7 ton, Robert Blemell Pollard, Esq., late of Blollie Londcn : Pririz.d and rubfished by WILLIA3I Ao - 1 „,,,,, . 41 ',0 of No. 112, Strand, Printer, at TILE SUN °W. - , o pt/ Strand, in the Precinct of the 3avoy. in the id ° iliddleifCX —TUC6CIay, January 12, 180. F Co Lridg L I.on~ Re ce deliv ttieb Re do Pri m 'top Roin 1)let ( t ai . 7 0 I: Altr, II( Dary l 18t3t. ~p